R v Chalabian (No. 1) [2020] NSWSC 1341

Supreme Court New South Wales

Medium Neutral Citation: R v Chalabian (No. 1) [2020] NSWSC 1341 Hearing dates: 1 October 2020 Date of orders: 1 October 2020 Decision date: 01 October 2020 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. The trial of the Accused, Sevag Chalabian, listed for 12 October 2020 is vacated.

2. The proceedings are to be placed in the Arraignments List on 6 November 2020.

3. The Accused's bail is continued. Catchwords: CRIMINAL LAW - Accused to stand trial for two counts of dealing with the proceeds of crime under s.400.3(1) Criminal Code (Cth) - Crown inform Court in 2019 that a co-accused (who is pleading guilty) will not be called as a Crown witness - Crown decision announced after substantial draft statement obtained by police from co-accused before process discontinued - trial of Accused fixed to commence on 12 October 2020 - arrangements made for jury trial to proceed in special conditions resulting from COVID-19 pandemic - Crown application to vacate trial made on 4 September 2020 - Crown had decided to call co-accused at trial of Accused - change of Crown position since 2019 - Accused consents to Crown application - whether trial should be vacated - public interest in trial proceeding on date fixed for trial - heightened public interest because of special arrangements made for trial - very late application based on reversal of Crown position - detrimental impact of late application upon administration of justice - reluctant decision made to vacate trial given joint position of parties Legislation Cited: Crimes Act 1900 (NSW) Criminal Code (Cth) Criminal Procedure Act 1986 (NSW) Cases Cited: R v Alexandroaia (1995) 81 A Crim R 286 R v Barrett (No. 1) [2020] NSWSC 793 Slotboom v R [2013] NSWCCA 18 Texts Cited: --- Category: Procedural rulings Parties: Regina (Crown) Sevag Chalabian (Accused) Representation: Counsel: Ms S Dowling SC; Ms G Wright (Crown) Mr GA Brady SC; Mr A Williams (Accused)